DWP & problems with executor

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My late mum died in March 2019 this year. I registered her death & used the Tell Us Once service. In June I received 2 letters stating there had been a slight overpayment in her benefits just over £200. No matter. This will be paid when her property sells very shortly.

A couple of months later, the DWP have written to the executor after probate has been granted. No doubt alerted to the value of the estate as it includes the value of her property. Is it my understanding that he should tell them that what is down as the value is mainly her property?
He recorded the conversation & sent it to me & I was not impressed since the person he spoke to was scare mongering him into thinking that my mum might owe thousands.

As far as I am aware, my mum was on the correct benefits including her pension credit.
She was 90 when she died so would she have been in receipt of something that I read AIP?

I am the main beneficiary of her will & apart from her will bequests, the rest of her estate passes to me. Her house sale should complete next week & with the proceeds I am buying a house, much less value. As I am self employed & had to empty her bungalow which had 50 yrs of hoarding in it, I virtually had to give up work for 5 months. The executor did not help me in this task at all despite me asking him several times.

The executor has been giving me some money to live off from my mum’s bank accounts which will pass to me as per the will.
These were granted as they were below the probate threshold & declared as part of her estate.
My mum’s estate was below the Inheritance Tax threshold. There is no income or any other tax to be paid. However now he has been frightened by the DWP, he is refusing to give me any money.
I have read stories on here that it is taking them ages to go through files but surely he would be mad to wait?! Surely if my house purchase does not go through due to his actions then I could end up sueing him? I read of a case that took 2 yrs to come through.

I have told him that as I have signed my purchase contract that I am bound by it now - if he made me pull out then I would lose the reservation deposit which was £4800.
If my mum’s estate does owe money then I have said that everyone including myself would have to have a cut of their inheritance taken so it can be paid. This was even suggested by the DWP.

But even so, after the house sells plus what is left in the bank accounts, there is more than enough money but he has made some miscalculations & last week refused to give me any money that I needed to pay for rent & bills. I had to ring him & have serious words with him before he admitted he had miscalculated & then gave me the money.

I have helped him administer probate every step of the way. Actually I will go further than that, i’ve done most of it in order to save the estate & myself money. I know that it is his discretion to give me money but surely he has a duty to ensure that I am
financially ok & not put in any hardship through this?

My cousin is horrified at his actions in all of this & thinks he is into some kind of power game with me & it has all gone to his head.
I am seeing a solicitor for a free half hr session in a few days but any advice in this would be gratefully received.
We are also in dispute about a 2nd funeral for my mum’s ashes & he wants to go against the wishes of 3 family members. He is not a family member.
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Comments

  • Keep_pedalling
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    Yes the executor should be providing the DWP with the information they are asking for.

    If money is owned through overpaid PC however that will all come out of your share as you appear to be the residual beneficiary.
  • Keep_pedalling
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    Is was unwise of you to commit your inheritance to a house purchase before you actually had received it, and as you admit the executor is not obliged to make interim payments and would be unwise to do so until they have resolved the position with the DWP.
  • Dox
    Dox Posts: 3,116 Forumite
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    KK14 wrote: »

    A couple of months later, the DWP have written to the executor after probate has been granted. No doubt alerted to the value of the estate as it includes the value of her property. Is it my understanding that he should tell them that what is down as the value is mainly her property? Correct, but it could still take months for the DWP to come back to him and confirm all is in order.
    He recorded the conversation & sent it to me & I was not impressed since the person he spoke to was scare mongering him into thinking that my mum might owe thousands. Possible she could, but unlikely.

    However now he has been frightened by the DWP, he is refusing to give me any money.
    I have read stories on here that it is taking them ages to go through files but surely he would be mad to wait?! No, he'd be mad to pay out knowing there could still be debts owing - and as executor he would be personally liable. Surely if my house purchase does not go through due to his actions then I could end up sueing him? On what grounds - that he had followed all guidelines for executors?

    I know that it is his discretion to give me money but surely he has a duty to ensure that I am
    financially ok & not put in any hardship through this? No, his duty is to administer the estate correctly as executor of the estate.

    My cousin is horrified at his actions in all of this & thinks he is into some kind of power game with me & it has all gone to his head. Another one who doesn't understand the role of an executor...
    I am seeing a solicitor for a free half hr session in a few days but any advice in this would be gratefully received. Given all my negative comments, you may be pleasantly surprised if I say that I suspect a letter from your solicitor might actually oil the wheels considerably, particularly if it contains undertakings about your willingness to pay back to the estate any funds demanded (and proved payable) by the DWP. I do hope so!

    Please see above.
  • KK14
    KK14 Posts: 32 Forumite
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    There is money left to other beneficiaries so this is why it is fairer to take a cut from everyone especially if there is an amount to pay not just take it from me. He has not distributed the estate fully since we are waiting for the sale of the property to happen.

    The house selling process started from early May - the DWP have just sent their letter now. Probate was granted in late June. The completion date looks like being set next week so please have some empathy for my situation.

    So i’m also meant to live on fresh air? I’m building up my businesses again & it takes time & because of all this trauma, I can’t even grieve for my own mother!

    Sorry he has NOT done his job. I have done it for him. He should have renounced the role.
    I’m not going to stand there & let him be liable though so we need to come to an agreement
  • Robin9
    Robin9 Posts: 12,106 Forumite
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    OP - I think you are trying to rush this. March till now is only 6 months. Settling an estate inside a year is doing well when it includes a property.

    Keep you fingers crossed that the sale does go through - my MIL's house went on the market in May, sold in June with completion early this month. A week before exchange the buyers pulled out.

    Don't count your chickens.
    Never pay on an estimated bill
  • katiepoppycat
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    Hi, it sounds like the value of the estate has triggered the dreaded letter. This is exactly what happenend to me. It's very strongly worded and quite frightening. The letter requires you to copy the info you submitted for probate onto their form and send it back to them. After a couple of weeks I received a 'no action necessary' letter. Just because they can take months, doesn't mean they will. I also chased it - however be super nice to them on the phone. It did make me angry - if the DWP can access the topline value, why on earth can't they see the breakdown? They would then immediately be able to tell if a letter was necessary. The other really anoying thing is that the breakdown of the estate that they ask for is slightly different to how it's done for probate so it's hard to make it add up. To add insult to injury, she wasn't on any means tested benefits anyway!
  • TonyMMM
    TonyMMM Posts: 3,382 Forumite
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    KK14 wrote: »
    There is money left to other beneficiaries so this is why it is fairer to take a cut from everyone

    It isn't a matter of fairness - it depends on how the will is worded. The executor doesn't have discretion about it.
  • KK14
    KK14 Posts: 32 Forumite
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    Thank you for your reply. I agree. The wording of the letter is awful. Clearly I haven’t got a crystal ball so I can put my life on hold for x amount of months just on the off chance that I will get a DWP letter. The whole thing is making me stressed. I’m not in control of the situation & my life is being governed by this guy who doesn’t have a clue & has already miscalculated stuff on the Will.
    I have come up with a plan of action today & I only hope the executor agrees with it or we start looking at how many people are going to be sueing each other if things don’t happen.
    I’ve told him that i’m not leaving him liable but I have advised him to ring up the DWP again with this info & hopefully we can all breathe easy
  • KK14
    KK14 Posts: 32 Forumite
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    So what would be your suggestion? No one has a crystal ball about this. This letter has only just landed this week. Will bequests are will bequests. There are no penalty clauses, it’s the estate that pays for debts as a whole so why should that penalise just me & no one else? The estate as a whole includes the beneficiaries
  • elsien
    elsien Posts: 32,761 Forumite
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    Have you considered getting a job rather than handouts from the executor which they are not legally obliged to give? It's a bit silly to start talking about people suing each other - that has the potential to get messy and expensive quite quickly.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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